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2024 DIGILAW 617 (UTT)

Arvind Kumar v. State of Uttarakhand

2024-09-30

RAVINDRA MAITHANI

body2024
JUDGMENT : RAVINDRA MAITHANI, J. 1. Since both these anticipatory bail applications arise from one and the same FIR, they are decided by this common order. 2. Applicants seek anticipatory bail in FIR No. 286 of 2024, under Sections 147, 149, 323, 452, 504, 506 IPC, Police Station Gangnehar, District Haridwar. 3. Heard learned counsel for the parties and perused the record. 4. According to the FIR, on 10.06.2024, the applicants entered into the house of the informant at 11:30 a.m., abused the informant and did maarpeet with her. 5. Learned counsel for the applicant would submit that, in fact, it is the informant and his family members, who entered into the shop of the applicants and assaulted the applicant Arvind Kumar of which an FIR No. 287 of 2024, Police Station Gangnehar, Roorkee, District Haridwar has been lodged. 6. Learned State counsel would submit that witnesses have supported the prosecution case. He would submit that investigation is pending under Sections 147, 149, 323, 452, 504 and 506 IPC. 7. Having considered the entirety of facts, this Court is of the view that this is a case fit for anticipatory bail. 8. The anticipatory bail applications are allowed. 9. In the eventuality of arrest, the applicants shall be enlarged on anticipatory bail subject to their furnishing a personal bond with two sureties by each one of them, each in the like amount, to the satisfaction of the Arresting Officer (“AO”). In addition to it, the applicants shall also comply with the following conditions: (i) The applicants shall co-operate with the investigation. (ii) The applicants shall not approach any witness in any manner, whatsoever. (iii) The applicants shall not leave the country without prior permission of the concerned court. (iv) The applicants shall deposit their passport with the AO. The passports may only be returned by the order of the court concerned. In case the applicants do not have passport, they shall give an undertaking to that effect to the AO. (v) The applicants shall also give an undertaking on (i), (ii) & (iii) above.